- (1.) Challenge in this petition is to the draw of lots conducted on 28.8.2012 by the Haryana State Agricultural Marketing Board (for short "the Board") for allotment of shops/plots in the New Grain Market, Uklana, District Hisar. The 35 petitioners before this Court are Commission Agents (Category- II) who plead that they carry on the business of sale and purchase of food-grains and other agricultural products etc. in the Old Grain Market at Uklana Mandi, District Hisar.
(2.) They are licensees under the Market Committee. In September, 2011, the Board notified Scheme of New Mandi at Uklana, District Hisar. To carry out the purpose, the Board issued notice to the petitioners and other traders preparing them to transfer their business establishments to the New Grain Market proposed to be set up. 110 plots were carved out. These plots had been carved out in 2002. Some allotments were made in the past. Presently, as against 63 plots available for allotment there were 96 applicants. Since the number of plots is less than the number of applicants, the Board would apply the provisions of Rule 3(1)(xii) of the Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000 which prescribes the principle of allotment based on seniority determined on the basis of date of licence of Category II commision agents for purposes of rehabilitation in the New Mandi. The relevant part of Rule 3(1)(xii) reads as follows:- "3(1): All immovable properties in the markets developed by the Board of Market Committees shall be disposed of by way of allotment/transfer/open auction in accordance with the provisions of these rules. The shop plots will be allotted to the old licensees of category (ii) of old market which is to be de-notified, resulting in displacement of such licensed dealers of category (ii), on free hold basis for conducting the business of sale and purchase of agricultural produce in the new markets or the following terms and conditions namely, (xii) In case the number of available shop plots is less than the number of eligible applicants, the allotment shall be made to the eligible licensees in their order of seniority, which shall be determined on the basis of their period of licence of category (ii). The allotment of serial number of plots will be decided through draw of lots amongst the eligible allottees."
(3.) By applying the principle of seniority based on length of holding of licence in Category (ii) i.e. old licencees of the Old Mandi which has been de-notified to make place for the New Mandi, the petitioners apprehend that due to paucity of shops/plots for allotment, their claim for allotment would be excluded from the ambit of consideration by draw of lots restricted amongst Commission Agents in terms of their seniority measured from the date of licence issued by the Market Committee.;